The clarion., 1887-03-16
SUPREME COURT CASES
Reported for The Clarion BY w. n.
AHorney-st-Lsw, Jackson. MISS
october rerm-Iss6.
JANETTE LISA, }
KATE NJ. PosEY. J

JANETTE LISA,
Anpeal from the Circuit Court OF nan
cock county. Honorable ;. ID. lerrai'
Judge.
W.P.&J. B. Harris, for appellant.
Posey & Bowers, for appellee
This is an act of eiectment to recover
,,assession of a certain lot in the city OF
Raw ST. Louis from the appellee, de-
fendant below, who had purchased the
LOT at an auction sale, under judgments
rendered by Justice of the peace anu
dnly enrolled in an abstract IN the once
of the clerk of the circuit court, SAID
judgments rendered against one Estspa,
who had bought the land under deco
of trust in favor of Janet.e LIssa, the
nlaiutiff below in this cause. who took OF
Estapa a promissory note for me pnr-
chase money, although the deco 70 Is
tapa recited acknowledgement OF the
receipt of the purchase money therefor
subsequent to the rendition or the
judgments against Estapa, under eSece-
ions Of which Mrs. Kate III. Posey
bought the land, but before the levy OF
execution and the purchase by her al
the execution sale, Estapa re-conveyed
the land to appellant in consideration ol
the cancellation of his promissory note
for the purchase money, which deco
from Estapa to appellant was duly re-
corded before the levy of the execution.
The court below refused to allow the
plaintiff to prove that, when the consta-
BILE offered the land sued for and bid on
bv Mrs Posey, the plaintiff, by her at
torneys, proclaimed and announced TO
the bidders that she had vendors lien
on said land for the purchase money
that when Estapa bought the land at the
trustees sale she permitted hIm to ouy
the same on a credit, although the deed
recites that it was for cash, and he gave
| to her his promissory note for the pur-
chase money, and to prove that not one
cent had been paid, and that defendant
knew this fact when she bought, and she
was pot, therefore, an innocent pur-
chaser, but a purchaser with full knowi
| edge of plaintiffs claim And the court
instructed the jury to find for the de
| fendant.
ARNOLD, J., delivered the opinion of the
Court.
At common law the purchaser of land
at execution sale acquired only the in
terest of the defendant in execution, and
was liable TO be defeated by any secret
legal or equitable right existing against
the title of the defendant. This rule OF
the common law is still in force here ex-
cept when our registry laws provide 9th
erwise.
The registry laws protect creditors
and subsequent purchasers alike, but
only as against the unrecOrded lnstru-
ments named in such laws. They do
not apply or afford protection to credi-
tors or subsequent purchasers against
equities which arise by operation of law,
and which are incapable of being re-
corded, or which are now required by
law to be recorded. As to such equities,
the purchaser at execution sale rem aims
as at common law, a mere volunteer, and
acquires only the interest Of the defend
ant in execution.
Perry, dc, a. Priebatsch, 81 Mss, 402;
Mss. Valley Co, q. Chicago, dc. e. r.
Co., 5S ID, S46; Walton q. HdrgTOUes
~ d., IS 1t results from these princi-
piles that appellee's title is not protected
by the registry laws.
louisiana National Bank, q. Knapp, 81
Mss, 4S5, supports the view that appel
liant had vendors lien on the land in
controversy, but it could not be asserted
in any action of ejectment; and, in such
action, her condition was not improved
by the fact that the Judgment debtor
conveyed the land to her after the jldg-
ments against MIN had been duly en-
rolled. The judgments. after enroll
ment, were a lien on whatever interest
he had in the land, which could not be
defeated or impaired by his su bsequent
conveyance of the land. Code, sec 1877
Calm u. Person, Sc Miss, 500. Affirmed.